Conducting a National Inquiry into Systemic Patterns of Human Rights Violation
Externally, the question goes to popular attitudes and prejudices in relation to the issue. A national inquiry
can challenge and change popular prejudices where there is a degree of openness in the community
and the national inquiry process itself is effective. As later chapters discuss, the inquiry process focuses
on victims first and foremost and on enabling them to tell their stories and experiences to the broader
community. This can transform public attitudes towards the victims themselves and towards the issue
being investigated.
However, there is also always a danger that the inquiry process can reinforce and entrench prejudices
and hostility. In deciding the issue, the NHRI needs to assess and weigh the strength of public attitudes
and the potential to build and maintain public and political support for change.
Internally, this is a question not of the worthiness of the issue but of the strategic capacity of the NHRI
and the national inquiry. It relates to the expertise and skills of the NHRI to be able to deal with the
particular issue in a way that builds broad public support. A particular issue may be important and may
be able to attract public support but factors within the NHRI – usually personal, ideological or political
factors – may make it impossible for that NHRI to mobilise that support. If the NHRI is uncomfortable
with an issue, or unable to deal properly with it because of internal divisions or other factors, then it
would be better conducting a national inquiry on another issue.
3.3. CHOOSING THE ISSUE
Choosing the issue is one of the most important decisions to be made in relation to a national inquiry.
Once an issue is chosen and publicly announced, the NHRI is committed. It is too late to back out. So
the NHRI must allocate the necessary time, attention and care to the task. The final selection should
be a decision of the highest decision-making body within the NHRI, usually a plenary meeting of the
NHRI Commissioners. It should be made on the basis of a comprehensive briefing paper from staff,
canvassing all options. It should be thoroughly discussed within the NHRI as a whole before any
decision is taken. It is a decision of such significance, in terms of the programme of the NHRI and the
commitment of resources of personnel and funds, that it requires the wholehearted endorsement of the
highest decision-making body. Once the decision is made, the national inquiry is underway.
KEY POINTS: CHAPTER 3
• The issue to be investigated by a national inquiry should be selected on the
basis that a national inquiry is particularly suitable as a mechanism to deal
with systemic or historic patterns of human rights violation.
• The issue must have a strong, clear human rights dimension.
• The inquiry process is especially suited to investigating and addressing
violations of economic, social and cultural rights, but not only these.
• The issue should be selected with a view to the possibilities for human rights
education through the public nature of the national inquiry methodology.
• Choosing the issue is one of the most important decisions to be made in
relation to a national inquiry.
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